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{
    "id": 1416556,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1416556/?format=api",
    "text_counter": 210,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": null,
    "content": "Hon. Speaker, I want to take you back to the celebrated ruling by your predecessor, the Rt. Hon. J.B. Muturi. On 21st December 2021, in a ruling on the constitutionality of the proceeds of Crime and Anti-Money Laundering (Amendment Bill), he had this to say… I will be very brief because I can see the Clerk-at-the-Table is consulting with you. His ruling on this particular day simply said: “Before I guide the House on the pertinent questions for determination, it is worth noting that Articles 3 and 10 of the Constitution oblige the Chair to respect, uphold and defend the Constitution. As you are aware, all business that comes before the House is approved by the Speaker and among other considerations, the Speaker applies his mind as to the constitutionality or otherwise of such business, as contemplated under Standing Order 47(3). Let me hasten to add that, notwithstanding the approval of any business by the Chair (implying the Speaker under the Standing Orders), it has now become an established parliamentary practice of this House, that a question of the constitutionality or otherwise of any matter under consideration by the House may be raised at any stage of its consideration. Indeed, my predecessors and I have been invited on several occasions to guide the House on issues of constitutionality of various matters before the House.” Hon. Speaker, that ruling read together with the Standing Order 47(3)(b) is what I am relying on to plead with you to allow me to raise these constitutional issues concerning the Bill under consideration, which is the National Government Administration Laws (Amendment) Bill, 2023. Hon. Speaker, I will proceed to briefly say that Articles 3 and 10 of the Constitution are clear. I do not want to read them because Members are now conversant with these two Articles. I have two issues with this Bill and I am aware that the relevant Committee, that is, the Departmental Committee on Justice and Legal Affairs, has dealt with some of them. But there are two issues which I do not want this House to proceed and vote on while we know we will be acting in vain. This House cannot afford to do so."
}